Standoff should be resolved amicably
The suspension of Pesi Shroff following his horse Eloise testing positive for boldenone last year and the subsequent happenings haven’t done the sport any good. The problem arose because the club was averse to check the feed supplement for contamination as requested by the professional and simply went by the rule book. The spirit behind the rule is to protect the integrity of the sport and not necessarily to punish the professionals.
The term 'Vicarious responsibility' is being loosely used but this could turn out a double edged weapon because an extreme extension of this interpretation could make even the club liable for the supply of contaminated feed supplements.
Narrow interpretation of rules and refusal to accept any contrary findings in good faith are the reasons why issues get complicated. Racing often gets relegated to the background because personal ego hassles outweigh racing considerations.
The RWITC has in the past let off trainer H Daji after his horses tested positive because the manufacturer gave a letter stating that the batch of supplement supplied by them was contaminated. The club accepted the same and the issue was closed. The reason why the dust on Pesi Shroff’s suspension is yet to settle down is because the club was not agreeable to consider the request for testing the feed on its own despite requests for the same and the jockey being persistent in wanting to prove his innocence unmindful of the costs involved to terms of money and the standoff with the institution.
There have been many letters sent by Vijay Shirke to have the feed tested which were not acted upon. To quote from Shirke’s letter: `` The Stewards, as custodians of racing, are duty bound to investigate and act on reliable information brought to their notice and which if not acted upon, may be detrimental to the sport. In this case, the trainers have provided irrefutable evidence in the form of test reports from a Government of India accredited laboratory and a highly reputable and accredited U.S. laboratory. Both the reports show that the feed supplements were positive for Boldenone, a banned steroid. It is incumbent on the Stewards to satisfy themselves on the veracity of these reports by getting the feed supplements (sealed containers of which are still available with the Club) re-tested in any accredited laboratory which is capable of conducting such tests at the levels required.’’
Vivek Jain did not respond to the query whether legal option was the only way to resolve the Pesi Shroff issue.
With forces having diametrically opposing views joining in the battle of attrition, the atmosphere is getting vitiated. If the authorities were to be magnanimous and act considering the latest evidence that has come to light following Food and Drugs Administration report and withdraw the punishment meted out to the professional and the professional concerned is satisfied by removal of the stigma, the denouement can be reached.
Rather than wait for the courts to decide who is right or wrong, an acceptable solution between the parties could limit further damage to the image of the sport.
The term 'Vicarious responsibility' is being loosely used but this could turn out a double edged weapon because an extreme extension of this interpretation could make even the club liable for the supply of contaminated feed supplements.
Narrow interpretation of rules and refusal to accept any contrary findings in good faith are the reasons why issues get complicated. Racing often gets relegated to the background because personal ego hassles outweigh racing considerations.
The RWITC has in the past let off trainer H Daji after his horses tested positive because the manufacturer gave a letter stating that the batch of supplement supplied by them was contaminated. The club accepted the same and the issue was closed. The reason why the dust on Pesi Shroff’s suspension is yet to settle down is because the club was not agreeable to consider the request for testing the feed on its own despite requests for the same and the jockey being persistent in wanting to prove his innocence unmindful of the costs involved to terms of money and the standoff with the institution.
There have been many letters sent by Vijay Shirke to have the feed tested which were not acted upon. To quote from Shirke’s letter: `` The Stewards, as custodians of racing, are duty bound to investigate and act on reliable information brought to their notice and which if not acted upon, may be detrimental to the sport. In this case, the trainers have provided irrefutable evidence in the form of test reports from a Government of India accredited laboratory and a highly reputable and accredited U.S. laboratory. Both the reports show that the feed supplements were positive for Boldenone, a banned steroid. It is incumbent on the Stewards to satisfy themselves on the veracity of these reports by getting the feed supplements (sealed containers of which are still available with the Club) re-tested in any accredited laboratory which is capable of conducting such tests at the levels required.’’
Vivek Jain did not respond to the query whether legal option was the only way to resolve the Pesi Shroff issue.
With forces having diametrically opposing views joining in the battle of attrition, the atmosphere is getting vitiated. If the authorities were to be magnanimous and act considering the latest evidence that has come to light following Food and Drugs Administration report and withdraw the punishment meted out to the professional and the professional concerned is satisfied by removal of the stigma, the denouement can be reached.
Rather than wait for the courts to decide who is right or wrong, an acceptable solution between the parties could limit further damage to the image of the sport.
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